Cameron Miranda
The common law is a body of unwritten laws based on legal precedents established by the courts. It is usually contrasted with civil law, which is used in Continental Europe, Mexico, most of Central and South America, and some African countries. The common law constitutes the basis of the legal systems of Australia, Canada, Hong Kong, India, New Zealand, the United States, and the United Kingdom, as well as many other English-speaking countries. Historically, common law suits were tried by juries, with the Seventh Amendment guaranteeing the right to a jury trial in certain civil cases. However, this right does not apply to cases in admiralty and maritime jurisdiction or statutory proceedings unknown to the common law.
| Characteristics | Values |
|---|---|
| Basis | Legal precedents established by the courts |
| History | Originated in medieval England |
| Influence | Used in Australia, Canada, Hong Kong, India, New Zealand, the United Kingdom, and the United States |
| Nature | Unwritten laws |
| Decision-making | Influenced by judges' presentation of precedents |
| Marginalization | Historically led to the marginalization or disempowerment of certain groups |
| Reform | Abolition of common law pleading requirements |
| Pleading standards | Suits by pro se parties were nearly impossible |
| Jurisdiction | Does not apply to cases in admiralty and maritime law |
| Jury trial | Preserved in suits exceeding $20 in value |
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What You'll Learn
Suits exceeding $20
The Seventh Amendment guarantees the right to a jury trial in certain civil cases, specifically in suits at common law where the value in controversy exceeds twenty dollars. This amendment sets out the types of cases that juries are required to decide and preserves the right to a trial by jury in these cases. The amendment also states that no fact tried by a jury shall be re-examined in any Court of the United States except according to the rules of the common law.
The Seventh Amendment is based on the distinction between common law and equity, with its requirements concerning jury trials applying only to "suits at common law". The common law is a system of law that is based on precedents and decisions made by judges and juries in similar past cases. It is a body of unwritten laws that influence the decision-making process in unusual cases where existing statutes or written rules of law do not provide a clear outcome.
The history of common law can be traced back to medieval England, and it has been adopted and adapted by many countries that were formerly colonized by England, Great Britain, or the United Kingdom. Common law systems are in use today in countries such as Australia, Canada, the United States, India, and New Zealand.
In the context of suits exceeding $20, the Seventh Amendment ensures that individuals involved in civil cases where the value in dispute exceeds a certain threshold have the right to a trial by jury. This amendment protects the rights of litigants by providing a mechanism for impartial decision-making and safeguarding against potential bias or corruption in the judicial system.
It is worth noting that the Seventh Amendment does not apply to cases in admiralty and maritime jurisdiction, nor does it cover statutory proceedings unknown to common law. Additionally, the amendment specifically refers to "suits at common law", indicating that it may not apply to all types of civil cases or disputes.
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Landlord-tenant disputes
Some common disputes leading to eviction include:
- Nonpayment of rent: Tenants should pay rent on the due date.
- Necessary repairs: Landlords are responsible for maintenance and necessary repairs in a rental unit and the common areas. Tenants in some states can make the repairs themselves and deduct the cost from their monthly rent, but only after giving the landlord or property management notice and time to fix the issue.
- Housing discrimination: Landlords must not discriminate based on protected characteristics. Tenants who experience housing discrimination can file a complaint with their local or state fair housing agency or the U.S. Department of Housing and Urban Development's Office of Fair Housing and Equal Opportunity.
- Right of quiet enjoyment: Landlords must respect the tenant's privacy.
- Occupancy: Tenants must comply with the rules of occupancy.
- Accessibility: Tenants must have access to common areas of the rental property.
If a tenant fails to pay rent, the landlord can file a complaint in the District Court of the county where the property is located. The court will then issue a summons. If the tenant makes payment before the court date, the lawsuit can be dismissed. If the tenant is evicted, the landlord must return the security deposit within 30 days, providing an itemized list of deductions.
Landlords must follow local laws and ordinances when evicting a tenant. An alternative to an eviction is an unlawful detainer, which is often applied to a hold-over tenant after a foreclosure on the property.
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Copyright actions
Common law is a body of unwritten laws based on legal precedents established by the courts. It is usually contrasted with civil law, which is used in Continental Europe, Mexico, most of Central and South America, and some African countries. Common law systems trace their history to English common law, while civil law systems trace their history to Roman law. Common law constitutes the basis of the legal systems of Australia, the Caribbean, the United States, and many other English-speaking countries.
Copyright is a type of intellectual property that protects original works of authorship as soon as the author fixes the work in a tangible form of expression. Works are considered original when they are independently created by a human author and exhibit a minimal degree of creativity. Copyright law covers a wide range of works, including paintings, photographs, illustrations, musical compositions, sound recordings, computer programs, books, poems, blog posts, movies, architectural works, and plays.
In the context of common law, copyright actions refer to legal proceedings related to copyright infringement or disputes. These actions are tried in courts, often with a jury, to determine whether there has been a violation of copyright law. For example, in the case of Feltner v. Columbia Pictures Television (1998), it was determined that a jury trial was required for a copyright action, even though the relief sought was statutory damages rather than actual damages.
Historically, common law copyright referred to the rights of authors and publishers over their works before the enactment of formal copyright statutes. For instance, in the United Kingdom, the Battle of the Booksellers took place between the 1740s and 1770s, which was a dispute over common law copyright. In 1774, the case of Donaldson v Beckett reached the House of Lords, where they discussed the balance between the interests of authors and the wider social good.
Today, common law (state) copyright may still be available for certain categories of works that do not receive federal copyrights. For example, in the 2005 case of Capitol Records v. Naxos of America, it was ruled that pre-1972 sound recordings could receive state common law copyrights. However, this precedent was partially overruled in 2016 in the case of Flo & Eddie, Inc. vs. Sirius XM Radio, which clarified and limited the scope of state common law copyrights for pre-1972 sound recordings.
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$44.77
Admiralty and maritime cases
Admiralty law, or maritime law, encompasses both domestic law on maritime activities and private international law governing relationships between private parties using or operating ocean-going ships. It is distinct from the law of the sea, which is a body of public international law that regulates maritime relationships between nations, including navigational rights, mineral rights, and jurisdiction over coastal waters.
In the United States, admiralty and maritime jurisdiction is granted to federal district courts, which have exclusive original cognizance of all civil causes of admiralty and maritime jurisdiction. This includes seizures under laws of impost, navigation, or trade, and those made on waters navigable from the sea by vessels of a certain tonnage, as well as upon the high seas. This jurisdiction is not exclusive, and most maritime cases can be heard in either state or federal courts under the "saving to suitors" clause. However, the Seventh Amendment does not apply to cases in admiralty and maritime jurisdiction, meaning trials are conducted without a jury.
The English Admiralty Court was a development of continental civil law, but the Admiralty Court of England and Wales was a common law court. Most common law countries, including Commonwealth nations like India, Singapore, and Pakistan, follow English statute and case law in admiralty and maritime matters. India, for example, still follows the Victorian-era British statute of the Admiralty Court Act 1861. Pakistan's Admiralty Jurisdiction of High Courts Ordinance, 1980, is also based on old English admiralty law.
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Divorce cases
The concept of divorce has been influenced by various cultural and religious norms. For example, in the Islamic world, the rules of divorce were historically governed by Sharia law, with categories such as talaq (repudiation), khul (mutual divorce/annulment), judicial divorce, and oaths. In the Philippines, divorce is illegal for all Filipinos except Filipino Muslims, who have access to state-recognized divorce through Sharia courts.
In the 1800s, the legal grounds for divorce in England were predominantly centred on adultery, with husbands only needing to prove adultery to obtain a divorce. Wives, on the other hand, faced a higher burden, having to demonstrate adultery alongside additional aggravating circumstances. This double standard persisted until notable cases like that of Jane Addison, who succeeded in her suit against Mr. Addison based on adultery and incest.
In 18th-century America, divorce proceedings reflected a societal shift towards associating marriage and divorce with natural law and freedom. The case of Kitty and Dr. James Blair, a prominent Virginian couple, exemplified this transition. Kitty sued for legal separation, but her request was initially denied in favour of community intervention and reconciliation. Eventually, divorce came under the sole control of the courts, marking a pivotal moment in the evolution of divorce law.
The evolution of divorce law has been influenced by changing social attitudes, particularly regarding gender equality. Abigail Adams' quote, "But such of you as wish to be happy willingly give up the harsh title of Master for the more tender and endearing one of Friend," captures the evolving expectations of marriage and the desire for mutual companionship. Thomas Jefferson's work on the Blair vs. Blair case in 1769-1770 also reflected a more progressive outlook, as he drew on Montesquieu's idea that divorce "restores to women their natural right of equality."
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Frequently asked questions
Common law is a body of unwritten laws based on legal precedents established by the courts. It is also known as case law.
Common law originated in medieval England and was spread to North America during the 17th and 18th centuries. It is now practised in several countries, including the US, the UK, Australia, Canada, and India.
Cases tried at common law include suits where the value in controversy exceeds twenty dollars, as this amount triggers the right to a trial by jury.
Common law systems tend to separate powers between the judicial and executive branches, whereas civil law systems allow individual officials to exercise both powers. Common law also places more emphasis on precedent and interpretation.
Common law has been criticised for marginalising and disempowering certain groups due to outdated or biased past decisions that continue to shape future rulings. For example, common law in England previously held that fathers were entitled to custody of children during divorces, which kept women trapped in marriages.
